Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure. 1908 - 0. 1 r.8 -Application filed by plaintiff to prosecute suit in a representative capacity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure. 1908 - 0. 1, r.8 -Application filedby plaintiff to prosecute suit in a representative capacity -Examination of - Respondent No. l (plaintiff) filed a civil suit againstthe appellant (defendant No.l) and defendant No.2 for declarationthat the sale deed executed by defendant No.2 in favour of defendantNo. I in respect of suit land be cancelled as being void and bad inlaw - Trial Court framed issues - Thereafter. plaintiff filed anapplication u/O. !, r. 8 and sought permission to prosecute the suitas a representative suit - Sanction to prosecute the suit asrepresentative suit was granted unopposed - Suit dismissed by thetrial Court and the First Appellate Court - However. High Courtallowed the appeal by plaintiff - Supreme Court remanded the caseto the High Court for deciding the appeal afresh -- High Courtagain allowed the appeal and decreed the plaintiff's suit - Onappeal. held: Plaintiff applied to the trial Court u/0.1, r.8 of theCode to prosecute the suit in representative capacity and permissionwas granted without any objection from the defendants - Trial Courtshould have examined the question as to whether the plaintiff. whois a juristic person. i.e .. "Society" is entitled to invoke the provisionsof O.I, r.8 of the Code for filing a suit in a "representative capacity"-Secondly, if the plaintiff is held entitled to file such suit, whetherthe facts pleaded and the relief~ claimed in the plaint can be said tobe in the nature of representative character so as to satisfy theingredients of OJ, 1:8 of the Code which are meant essentially forthe benefit of public at large for gram of any relief - Lastly, if thefacts pleaded and the relief claimed in the plaint do not satisfy therequirements of O.l. r.8 of the code for grant of relief to the publicat large then whether such suit is capable of being tried as a regularsuit on behalf of the plaintiff for granting reliefs in their personalcapacity because the suit relates to ownership of land, namely. whois the owner of the suit land - However, there was neither any discussion much less finding on any of the aforesaid issues by anyof the courts below though these questions direct(v and substantial(varose in the case - Therefore, in the interest a/justice. matterremanded to trial Court to answer these issues and then decide thesuit depending upon the answer· in accordance with law -Jurisdiction. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 853 |
Petitioner | S. N. D. P. Sakhayogam |
Respondent | Kerala Atmavidya Sangham |
SCR | [2017] 13 S.C.R. 456 |
Judgement Date | 2017-09-05 |
Case Number | 7068 |
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